Badasah Yadav @ Balshah Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76928 of 2025 In CRIMINAL APPEAL (SJ) No.2380 of 2025 Arising Out of PS. Case No.-530 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Badasah Yadav @ Balshah Yadav son of Hardev Choudhary Resident of village- Narayanpur, P.S.- Kuchaikote, District -Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Usha devi wife of Manoj ram Resident of village- Narayanpur, P.S.- Kuchaikote, District -Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, representing the State. 2.
The present application has been filed for restoration of Cr. Appeal (SJ) No. 2380 of 2025 in which peremptory order dated 27-06-2025, was passed by this Court for issuance of notice upon the Opposite Party No.2 but, due to non-compliance of the same within the prescribed time as fixed by this Court, the same stood rejected.
3.
Learned counsel for the petitioner submits that due to the fact that father of the petitioner's counsel suffered a brain hemorrhage, the requisite for notice upon the Opposite Party
Patna High Court CR. MISC. No.76928 of 2025(2) dt.14-11-2025 2/2 No.2 could not be filed within time as prescribed by this Court and, therefore, Cr. Appeal (SJ) No. 2380 of 2025 got rejected for non-compliance of the aforesaid order dated 27-06-2025. 4.
For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Appeal (SJ) No. 2380 of 2025 is restored to its original file. 5.
The petition stands allowed.
(Rudra Prakash Mishra, J) Raj Kishore/- U T